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Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Published by Institut Agama Islam Negeri Zawiyah Cot Kala Langsa
ISSN : 23561637     EISSN : 25810103     DOI : 10.32505/10.32505/qadha.
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
Al-Qadha Journal focuses on the study of Law which is an article of research results and academic thought, this journal is a communication medium for academics, experts, and researchers who care about studying Islamic law and law. The scope of writing is determined in the al-Qadha journal; Jurisprudence of Islamic Family Law and Civil Law issues of legal dispute resolution
Arjuna Subject : Ilmu Sosial - Hukum
Articles 225 Documents
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Responsibilities and Authorities of External Directors in Family-Owned Companies: A Legal and Islamic Perspective Oktaviana, Ria Rindika; Budi Santoso
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 1 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan (In Progress)
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i1.10852

Abstract

Family businesses account for 72% of enterprises in Indonesia, many of which operate as Limited Liability Companies (LLCs) to gain legal and financial flexibility. However, a significant governance problem arises when appointing external (non-family) directors; the boundaries of their authority and fiduciary responsibilities are often unclear. This ambiguity leads to legal disputes and diminished strategic roles, especially under the dominance of controlling family members. This study examines the boundaries of external directors' responsibilities in family-owned LLCs through the lens of Islamic law and normative jurisprudence. This qualitative research employs normative legal analysis and Islamic law, using academic literature, legal documents, and classical Islamic texts to explore authority within Limited Liability Companies and analyze using a qualitative descriptive approach. The findings indicate that although Law No. 40 of 2007 regulates fiduciary duties and the ultra vires principle, external directors remain vulnerable to the dominance of family owners. From an Islamic perspective, external directors are regarded as trustees who must uphold honesty (ṣidq), trustworthiness (amanah), and justice (‘adl). The study proposes four key solutions: clear articles of association, protective contracts, independent supervisory boards, and Sharia Advisory Boards. These offer a governance model rooted in legal certainty and Islamic ethics, contributing practical insights for regulators, business owners, and directors in Muslim family enterprises.
Reconstruction of Absolute Competence of Religious Courts in Criminal Cases of Domestic Violence in Indonesia Izzuddin, Ahmad; Alfikri, Ahmad Faiz Shobir
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 1 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan (In Progress)
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i1.10874

Abstract

The authority of the religious courts in Indonesia in cases of domestic violence is limited to the civil sphere as grounds for divorce. Conversely, the District Court is responsible for resolving cases with criminal elements. This legal fragmentation prevents victims from obtaining comprehensive justice due to the lengthy and complex legal process. This research highlights the legal gap by analyzing the need for reconstruction of the absolute authority of the religious court to handle the criminal aspects of domestic violence cases. This research is a normative legal statutory and conceptual approach. Analysis of legal materials is done by qualitative methods. The results of this research are legal reconstruction offered in the form of expansion of the absolute competence of the religious court in handling the criminal aspects of domestic violence with the authority to provide protection orders to victims during the judicial process and impose criminal sanctions on perpetrators of domestic violence. The success of this reconstruction, based on the analysis of Soerjono Soekanto's theory of legal effectiveness, depends on harmonizing regulations, increasing law enforcement's competence, providing adequate facilities, increasing public legal literacy, and cultural transformation that supports justice and equality. This legal reconstruction contributes to the efficient resolution of domestic violence cases in line with the principles of judicial power, namely the achievement of simple, fast, and low-cost justice.
Human Rights and Gender Equality: An Analysis of Polygamy Regulations for Civil Servants in Indonesia Rahmah, Yulia Fithriany
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 1 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan (In Progress)
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i1.10900

Abstract

This research aims to analyze the regulations related to marriage and divorce permits for Civil Servants (PNS) in Indonesia as stipulated in Government Regulation of the Republic of Indonesia Number 45 of 1990. This regulation is often considered a new regulation, even though it has been in effect since 1983. The lack of legal awareness of this regulation has caused confusion in the community and sparked debate, mainly due to: (1) the lack of understanding and socialization related to this regulation, causing social chaos; (2) the assumption that the regulation is unfair because it contradicts Law Number 1 of 1974 concerning Marriage, especially in the provision of polygamy; and (3) potential violations of human rights, especially in relation to gender equality. This research uses a normative juridical method with a descriptive normative approach. The analysis is based on secondary legal sources, such as legislation and relevant literature. The results show that this regulation has urgency in upholding legal awareness in the community as a form of compliance with marriage rules for civil servants, especially in terms of polygamy permits for men and the prohibition of being a second wife for women. In addition, social chaos arising from this regulation can be prevented through strengthening legal awareness, which aims to create a better legal culture and increase compliance with applicable regulations. While this regulation is designed to provide legal protection for individuals and maintain ethics within the bureaucracy, its implementation must be in line with the principles of human rights and gender equality. Therefore, further evaluation of this regulation is needed so that it remains relevant to the social and legal dynamics developing in Indonesia.
Bureaucratic Contestation in the Resolution of Divorce Cases Among the Muslim Community in Langsa City, Aceh Muhazir, Muhazir; Albani Nasution, Muhammad Syukri; Harahap, Arifuddin Muda
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 1 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i1.11056

Abstract

The issue of divorce in Aceh is multifaceted, encompassing the interplay between customary law and the Sharia Court in resolving family disputes. While Indonesian national law governs divorce through formal judicial proceedings, many in Aceh opt for settling divorces through customary institutions aligned with Islamic values. This study aims to examine the role of these customary institutions in divorce resolution within Langsa City, Aceh, and to explore the factors influencing the community's choice of either customary law, the Sharia Court, or both. The research adopts a juridical-empirical approach with a legal pluralism framework, combining an analysis of formal legal structures with the practical legal realities in local communities. Data was collected through in-depth interviews with local residents, religious figures, and leaders of customary institutions in Langsa. The results reveal a clear tension between customary practices and the national legal system in divorce matters, with a significant portion of the population preferring customary procedures due to their accessibility and greater social acceptance. However, such customary decisions lack formal legal recognition, leading to uncertainty regarding the post-divorce rights of women and children. This study offers valuable insights into the evolving divorce practices in Aceh, shedding light on the intersection of customary law, Sharia law, and national legislation. It also suggests that greater integration of these legal systems is necessary to ensure a more just and transparent process for divorce resolution in the region.
Maqasid al-Shariah in Contemporary Legal Systems: An Analysis of Digital Rights and Privacy Protection Arminsyah, Arminsyah
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 2 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i2.11178

Abstract

Maqasid al-Shariah, as the foundational framework of Sharia’s objectives, offers universal principles that remain highly relevant in addressing contemporary legal challenges. This article examines the application of Maqasid al-Shariah within modern legal systems, with a particular focus on the protection of digital rights and privacy—an increasingly urgent issue in the era of digital transformation. Specifically, this study explores how the objectives of preserving intellect (hifz al-aql) and property (hifz al-mal) intersect with current data protection and privacy regulations in digital environments. Employing a qualitative methodology grounded in literature review and legal analysis, the article finds that Maqasid al-Shariah offers a robust ethical framework capable of safeguarding both individual and collective interests in a balanced manner while upholding spiritual and moral values. The study also addresses the challenges of integrating Maqasid al-Shariah with secular legal systems, especially amid globalization and rapid technological advancement. The findings suggest that embedding Maqasid al-Shariah into digital privacy regulations could serve as a strategic approach to building legal systems that are more inclusive, adaptive, and just. Therefore, the article concludes by emphasizing the need to further elaborate the policy implications of this framework to enhance its practical relevance and academic contribution. Ultimately, Maqasid al-Shariah is demonstrated to be both relevant and applicable as an ethical foundation for confronting legal challenges in the digital age.
The Implementation of E-Court at the Banten High Religious Court: Challenges, Barriers, and Prospects within Indonesia’s Legal System Yasmita, Yasmita; Fathonih, Ah.; Saepulah, Usep; Burhanuddin, Burhanuddin; Ridwan, Mohammad; Saputra, Edy
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 2 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i2.11677

Abstract

The main problems in the implementation of the e-Court system in the Religious Court are the limited information technology infrastructure, technical constraints, and low digital literacy of the parties to the case. This condition creates a gap between the goal of digitizing the judiciary and the reality of implementation in the field. This study aims to examine the implementation of the Supreme Court of the Republic of Indonesia Regulation Number 7 of 2022 concerning the administration of cases and electronic trials at the Religious Court under the jurisdiction of the Banten High Court of Religion. The method used is juridical-empirical with a qualitative approach, through data collection in the form of in-depth interviews and direct observation at six Religious Courts in the jurisdiction. The results of the study show that e-Court is able to improve the efficiency of administration and trial processes, but still faces obstacles in the form of limited infrastructure, lack of digital literacy of the parties, and lack of ongoing technical support. The contribution of this research lies in providing comprehensive strategy recommendations through strengthening infrastructure, increasing user capacity, and policy socialization so that the implementation of e-Court can be more equitable, effective, and support the realization of a fast, transparent, and fair judicial system.
Harmonious Families from the Perspective of M. Quraish Shihab: Experiences of Muslim Converts in Bali, Indonesia Rizal, Sofian Syaiful
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 2 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i2.11826

Abstract

A harmonious family can be understood as an ideal concept in the order of household life which is marked by the achievement of stable emotional and spiritual conditions, which include happiness, peace of mind, a sense of security, and physical and spiritual well-being for all its members. However, for converts who have just embraced Islam, the process of building a harmonious family is often faced with spiritual and cultural challenges, especially in minority environments such as Jembrana, Bali. This study aims to examine the spiritual transformation of convert couples in building a harmonious family and examine it through the perspective of M. Quraish Shihab in his work Pengantin Al-Qur'an . This study uses an empirical method with a qualitative approach. Data were collected through in-depth interviews, observations, and documentation of convert couples who have lived a family life. The results of the study indicate that the spiritual transformation of converts plays an important role in the formation of a harmonious family, marked by increased religious understanding, strengthening of Islamic commitment, and changes in behavior in household life. The principles put forward by M. Quraish Shihab, such as compassion ( mawaddah ), tranquility ( sakinah ), and mutual understanding ( rahmah ), are important foundations in this process. This study confirms that spirituality that grows gradually is able to strengthen the foundation of a harmonious family, even though it starts from a limited initial understanding of Islam.
Judicial Guardianship in Marriage: A Comparative Study of Indonesia’s Shafi'i and Iran’s Ja'fari Schools from a Maqasid al-Shariah Perspective Stiawan, Thoat; Al Farisi, Salman; Sidqi, Hisam; Laksamana, Agil
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 2 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i2.12304

Abstract

The concept of judicial guardianship in marriage is a significant issue in Islamic family law that highlights the fundamental differences between the Shafi‘i school in Indonesia and the Ja‘fari school in Iran. This distinction is not only juridical but also closely linked to the objectives of marriage (maqasid al-nikah), namely the preservation of religion (hifz al-din), lineage (hifz al-nasl), dignity (hifz al-ird), and family welfare. This study employs a qualitative-juridical approach with normative-comparative analysis. Data were drawn from classical fiqh texts, Indonesian and Iranian marriage regulations, and contemporary literature. The analysis proceeded in three stages: (1) identifying normative texts concerning guardianship and judicial guardianship in the Shafi‘i and Ja‘fari traditions, (2) comparing their conceptual and practical applications, and (3) evaluating their alignment with maqasid al-nikah, particularly in promoting benefits, preventing harm (mafsadah), and ensuring family continuity. The findings show that the Shafi‘i school regards the guardian as a prerequisite for valid marriage, with the judicial guardian acting as a substitute when a lineage guardian is absent or unqualified. By contrast, the Ja‘fari school allows adult women to contract marriage without a guardian, except under specific circumstances. These differences reflect the dynamic nature of Islamic legal thought in responding to social realities, yet both approaches ultimately aim to realize the maqasid al-nikah: legal certainty, protection of dignity, and household stability. The novelty of this research lies in integrating cross-sectarian comparative analysis with the framework of maqasid al-shariah, an approach still rarely applied in studies of Islamic family law, particularly in the Indonesian and Iranian contexts. The implications of this research are twofold: enriching comparative fiqh scholarship as a reference for academic discourse and providing practical insights for the formulation of marriage regulations that remain faithful to shariah while responsive to evolving social dynamics.
Reconstructing Legal Protection for Child Victims of Neglect under Law No. 23 of 2004 on the Elimination of Domestic Violence in Indonesia Syarifuddin, Syarifuddin; Wajdi, Farid; Gultom, Arifin
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 1 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i1.11396

Abstract

Violence against children is extremely dangerous and must be addressed immediately. Therefore, scientific research is needed on the reconstruction of legal protection for child victims of child neglect under Law No. 23 of 2004. The issue to be discussed is how to reconstruct legal protection for child victims of child neglect crimes under Law No. 23 of 2004 on the Elimination of Domestic Violence. Previous research has discussed the reconstruction of legal protection for children who have come into contact with the law after diversion based on the principle of justice. This research focused on reconstructing specific regulations on the protection of children who have committed criminal offenses after diversion while maintaining the principle of justice. This study differs in that it focuses on the reconstruction of legal protection for children as victims of child abandonment crimes based on Law No. 23 of 2004. The purpose of this study is to provide solutions to research problems concerning the concept of legal protection of children from child neglect crimes. The research method used is normative legal research through a conceptual approach and a legislative approach. Through this research method, the results obtained indicate that children's rights must be properly considered and protected through criminal law and legislation. Research findings on the reconstruction of legal protection for child victims of child neglect based on Law No. 23 of 2004 on the Prevention and Handling of Domestic Violence indicate that the protection of children's rights remains a top priority. This research emphasizes the need for commitment from all law enforcement officials and the community to jointly enforce legal provisions to protect Indonesian children from neglect and violations of children's rights based on justice for children and human values.
Breaking Through Customary Domination for Child Protection: An Analysis of the Gerakan Anti-Merarik Kodeq (GAMAK) from the Perspective of Maqasid al-Shariah Susfita, Nunung; Darmini, Darmini; Santoso, Lukman
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 2 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i2.12286

Abstract

Underage marriage remains a serious challenge in many countries, including Indonesia, where it is complicated by the intersection of legal regulations and customary norms. In Lingsar District, this practice persists through the Merarik kodeq tradition, which is deeply embedded in local culture. Within this context, this study aims to explain the implementation of the Gerakan Anti-Merarik Kodeq (GAMAK) as a community-based prevention strategy and to analyze it through the framework of Maqasid al-Shariah. This qualitative research employed a fieldwork-based approach using methods such as observation, in-depth interviews with 14 key informants, and document analysis conducted over a seven-month period from March to September 2022. The findings reveal that GAMAK is not merely a technocratic policy but has evolved into a transformative social movement that redefines the relationship between custom, religion, and the state. Unlike legal-formal approaches, GAMAK successfully presents an alternative narrative that positions religious and customary leaders not as opponents of the law, but as agents of change who reform local values from within. By embedding anti-underage marriage messages in Friday sermons, women's forums (PKK), and even in village awiq-awiq (customary regulations), GAMAK demonstrates that collective behavioral change can be achieved through grounded and contextual approaches. Viewed through the lens of Maqasid al-Shariah, GAMAK upholds the protection of the five essential principles of Islamic law—religion, life, intellect, lineage, and property—while opening space for negotiation between customary norms and Islamic law in favor of public welfare. The findings show that preventing underage marriage requires transforming entrenched customary norms through collaboration between community leaders, religious authorities, and state institutions. This study contributes to the discourse on legal pluralism and Maqasid al-Shariah in child protection, while offering a practical model for policymakers to replicate in regions with strong customary traditions.

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